Opinion
March 2, 1992
Appeal from the Supreme Court, Suffolk County (Luciano, J.).
Ordered that the order is affirmed, with costs.
The plaintiff presented unrebutted proof that the appellant defaulted in making payment as required by the mortgage and note dated July 1, 1987, as amended by the parties' stipulation dated January 12, 1989. Although the mortgage and stipulation require payment of interest at an annual rate below the legal maximum, the appellant contends that a portion of the principal indebtedness is in fact a disguised additional interest payment which renders the transaction usurious. The appellant's conclusory assertion is unsubstantiated by the record and is insufficient to defeat the plaintiff's motion for summary judgment (see, People's Natl. Bank v Kogan, 120 A.D.2d 718).
We have considered the appellant's remaining contentions and find them to be without merit. Thompson, J.P., Sullivan, Harwood and Balletta, JJ., concur.